Paying Foreign Independent Contractors For Work In Wayne
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The IRS requires a flat 30% withholding on ALL types of payments to foreign national individuals UNLESS: The individual has a U.S. tax identification number (SSN or ITIN) and qualifies for a tax reduction under the tax treaty between the U.S. and their country of tax residency.
Form 1099 is used to report payments made to an independent contractor. Expat business owners may need to file Form 1099 when working with contractors abroad. Failing to file Form 1099 as required could result in penalties.
Federal Withholding Tax and Tax Treaties In most cases, a foreign national is subject to federal withholding tax on U.S. source income at a standard flat rate of 30%. A reduced rate, including exemption, may apply if there is a tax treaty between the foreign national's country of residence and the United States.
Compensation Subject to 30% Federal Withholding Payments subject to 30% tax withholding include: Fees or Honoraria for lectures, live performances, consultations, or research. Participation in scientific, educational, professional, or business conventions, conferences or seminars.
Conversely, if the independent contractor is not a US person and did not perform any of their services within the US, you will not be required to issue Form 1099. Instead, the foreign contractor will have to complete and file Form W-8BEN.
If your company is based in the United States, you will issue a Form W-8BEN for the contractor to complete. This tax form classifies their status as a foreign worker and a non-U.S. citizen, confirms that all work will take place in their country of residence, and determines proper tax reporting and withholdings.
However, the IRS doesn't require a company to withhold taxes or report any income from an international contractor if the contractor is not a U.S. citizen and the services provided are outside the U.S. filing forms 1099 is required if: The contractor is located internationally but is a U.S. citizen.
